Does anyone put in their contracts that the short sale is contingent upon fully released liens and agreement of the lender not to pursue deficiencies? We have this as standard language in ALL our short sale contracts and yesterday, I got a not from the newly assigned negotiator at ASC that they want it removed.

 

Thoughts?

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Wow! That's bold to use that language. No, we have never put that in our contracts but I think it's worth a try.  cool!  :-)
We use it in our contracts and have never had it questioned.  It doesn't mean we've gotten every deficiency waived, but I'd say 90% of everything we've closed has come in with a waiver.  We've never had a lender ask it to be removed though.
Yes, I put that clause in my contracts.  

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